Communicated on 31 August 2015
FOURTH SECTION
Application no. 7084/15
Łukasz Tomasz SZUSTAK
against Poland
lodged on 3 February 2015
STATEMENT OF FACTS
The applicant, Mr Łukasz Tomasz Szustak, is a Polish national, who was born in 1982 and is currently detained in Warsaw.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
1. Criminal proceedings against the applicant and imposition of the so-called “dangerous detainee” regime
The applicant is serving his imprisonment sentence which is supposed to end in 2024.
On 30 January 2013 he was charged with murder. On the same day he was detained on remand.
On 19 December 2013 [or on 31 January 2013] the Penitentiary Commission (“the Commission”) classified the applicant as a “dangerous detainee”. It relied on the applicant’s serious lack of moral character (wysoki stopień demoralizacji) and the suspicion that he had committed serious offences.
The Commission subsequently extended the application of the special regime to the applicant every three months.
The applicant appealed against at least two of the decisions extending the application of the regime to him.
On 15 January 2014 the Warsaw Regional Court upheld the decision of the Commission of 19 December 2013 holding that the challenged decision had been issued by the competent authorities and in accordance with the relevant provisions of law.
On 17 July 2014 the Warsaw Regional Court upheld the decision of the Commission of 5 June 2014 relying on the same reasons as previously.
According to the applicant’s submission, the regime applied to him was lifted on 27 November 2014.
2. Particular aspects of the regime
The cell, including its sanitary facilities, was constantly monitored via closed-circuit television.
The applicant was subjected to a body search every time he left and entered the cell.
Whenever he was outside his cell, the applicant wore the so-called “joined shackles” (kajdanki zespolone) on his hands.
The applicant also submitted that the only window in the cell was not transparent and that the ventilation was not sufficient. The heater in the cell could not be regulated. Warm water was available only for about three hours a day and the electricity was cut several times every day.
He had to wear special red clothes for dangerous prisoners.
Special limitations were put on visits with his family members.
B. Relevant domestic law and practice
The relevant domestic law and practice concerning the imposition of dangerous detainee status are set out in the Court’s judgments in the cases of Piechowicz v. Poland (no. 20071/07, §§ 105-117, 17 April 2012), and Horych v. Poland (no. 13621/08, §§ 44-56, 17 April 2012).
COMPLAINT
The applicant complains under Article 3 of the Convention that the imposition of the “dangerous detainee” regime on him amounted to inhuman and degrading treatment in breach of this provision.
QUESTION TO THE PARTIES
Having regard to the cumulative effect of the “dangerous detainee” regime imposed on the applicant from 19 December 2013 [or 31 January 2013] until 27 November 2014, has he been subjected to treatment contrary to Article 3 of the Convention? The parties are requested to refer in their observations to the leading judgment of Piechowicz v. Poland, no. 20071/07, 17 April 2012.
The Government are invited to submit a copy of the decision imposing the regime on the applicant and the decisions lifting the regime and the applicant’s detention.
Full & Egal Universal Law Academy